Surprise Police Employees Association

SPEA
Bylaws, Fair Representation and Legal Policy

BYLAWS OF THE

Surprise Police Employees Association

ARTICLE I

NAME

Section 1: The name of the organization is the Surprise Police Employees Association (SPEA),
herein referred to as the "Association."

Section 2: No organization or person shall use the Association's name in any way without written
authorization from the Association's Executive Board. This shall not prevent the
President of the Association or his designees or authorized agents from acting on behalf
of the Association.

ARTICLE II

PRINCIPAL OFFICE

Section 1: The principal office of the Association shall be located at the current Presidents
residence, until such a time when a permanent office can be obtained within the City of
Surprise, Arizona.
Section 2: The principal mailing address will be a Post Office Box within the city of Surprise.
The current address is PO Box 8456, Surprise Arizona, 85374

ARTICLE III

PURPOSE

Section 1: The purpose for which the Association is formed shall be to assemble a coalition of
police employees to promote the belief that City of Surprise, Arizona law enforcement
employees have the same Constitutional rights as other citizens of the United States and
residents of the State of Arizona; and that the Association will constantly protect these
rights.

Section 2: The Association believes that the City of Surprise, Arizona Police Department
employee is a professional and will constantly strive to upgrade the standards, wages,
benefits and working conditions to reflect this professional status.

Section 3: The Association will promote a positive image of the Surprise Police employees. To
that end, the Association will provide a powerful and respected voice for its members
and educate the public about improved public safety and crime reduction.

Section 4: The Association shall disseminate information to its members and the public regarding
legislation, elected officials and issues that affect the interests and welfare of its
members, the law enforcement profession, and the public.

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 ARTICLE IV

MEMBERSHIP

Section 1: Active Member - Any Full time sworn or non-sworn employee of the Surprise Police
Department; rank of Sergeant and below who is a dues paying member and capable of
admission in the Association under City Ordinance 01-02.

Dues are set by the Executive board and may be adjusted by the Executive Board at any
time, but not more than 1 time in a Calendar year. If the Executive Board adjusts the
Dues of the Membership, members will have 30 Days to sign a new payroll deduction
form with the City of Surprise, or risk losing all coverage by the Association. Dues
may not be adjusted more than 25% at any one time.

Section 2: Associate Secondary Member - Any sworn or non-sworn employee of the Surprise
Police Department; rank of Sergeant and below that is assigned to the “Professional
Standards Bureau”; or who actively conducts internal investigations within the
department. Has no voting status, but retains all legal and political benefits.

Section 3: Membership Approval - The Board of Directors for the Association shall review and
may approve applications for membership in the Association.

Section 4: Member in Bad Standing - Any member that falls behind in its dues after a two (2)
month period of time will be a member in bad standing and all benefits and voting
rights shall be suspended upon notification. A member in bad standing will have thirty
(30) days to repay all dues owed to the Association or be dropped from the rolls. A
member in bad standing or a member that has been dropped from the rolls for being in
bad standing shall pay back all dues and assessments owed to the Association before
reinstatement of membership up to a maximum of 12 months dues. A majority vote of
a quorum of the Board will be needed for a member to regain original membership
status if dropped from the rolls.

The Executive Board shall have the sole authority to grant any alternative repayment
options or reprieve of this section as it pertains to the repayment of past dues, the vote
and terms of reinstatement will be final. 50% of any funds paid by a member seeking
reinstatement for a legal issue will be funded retroactively from the date of
reinstatement. Reinstatement funds are based off of current fees and not past dues to
account for the cost of current legal representation. A reinstated member is not eligible
for any legal representation for which funds are not retroactively applied to the date of
any alleged violation of law, or policy.

Section 5: Associate Member - Any member of the community that wishes to show their support
for the members of SPEA by contributing funds annually to a 501C3 account
established to support SPEA and its selected Charities. Associate Members may be
invited by a member in good standing to attend general meetings as an observer only.
Associate member shall have no voting authority or ability to address any issue
presented at a general meeting or make any statement to the membership or Executive
Board without the permission of the Executive Board.

ARTICLE V

EXECUTIVE BOARD AND ELECTIONS

Section 1: The Executive Board shall consist of the Executive Officers. The Executive Officers
shall be the President, Vice President, Secretary, Treasurer, Public Information Officer,

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 and Civilian Representatives. The President shall be the Chairman of the Board. The
Executive Board shall serve without compensation; however, reasonable Association-
related expenses may be reimbursed upon submission to and approval of the Executive
Board.

Section 2: Duties of the Executive Board - The duties of the Board shall be to set the policy of the
Association, to manage all business and other decisions of the Association and to direct
meetings by outlining decisions of the President and committees for placement on the
agenda of any said meeting. The Board will also review any decision of any officer of
the Association as to its compliance with the Bylaws of this Association.

Section 3: In case of any vacancy on the Board, the vacancy will be filled temporarily by
appointment by the President and voted on by the majority of the Board. In the event
the President's post becomes vacant, the Vice President will fill the post for the
remaining term.

Section 4: In the event both the President's and Vice President's posts become vacant, the
President's position shall be filled in the following order: Secretary, Treasurer, Public
Information Officer, or any sworn member of the Association in good standing. Any
unoccupied office other than President shall be filled through the normal appointment
procedure.

Section 5: Regular meetings - Regular meetings of the Board Association shall be held, at a
minimum, quarterly at a time and place as direct by the President, or Secretary.
Regular meetings of the Association will be conducted in a professional manner and all
members attending will conduct themselves in such a manner. Any member violating
this section will be asked to leave the meeting.

Section 6: Special meetings may be called by the President, or by two or more board members.

Section 7: Quorum - A quorum for the transaction of business at any meeting of the Board shall
consist of four board members in good standing.

A: In the event that a scheduled meeting of the membership is not attended by the
required majority of members in good standing, official association action can
still be conducted and votes taken as long as the required quorum is present
and a majority of these four vote in the affirmative of any called question.

Section 8: The membership, in disagreement with a Board policy or Board decision, may circulate
a petition signed by one-half (1/2) + 1of the Active membership to change a Board
decision. This petition must be delivered to the Secretary thirty (30) days prior to the
next scheduled board meeting. The membership will be advised by mail as to the
nature of the petition. The petition must contain the necessary amount of verified
signatures, the grievance, and the recommended remedy. A majority vote of the
membership will be required to change a board decision and such voting may be
accomplished at a membership meeting called for this purpose and in accordance with
the voting provisions of this Article.

Section 9: Elections - In order to hold an elective office in this Association, the office holder must
be a Sworn or Non-Sworn Full time Employee of the Surprise Police Department, and a
member of the Association in good standing. A candidate for elective office shall be
nominated for an Association elective office by another member of the Association.
The seven (7) Association executive officers shall be elected by written secret ballot
and shall serve in their elected capacity for a two (2) year term of office to commence
the first day of February of each even numbered year. The executive shall be elected
by written secret ballot. An elected member may serve in succeeding terms provided
he/she is elected or appointed in accordance with these Bylaws. All ballots will be

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 certified by the Secretary, or the President in the Secretary’s absence, and confirmed by
another member of the current Executive Board.

Ballots will be distributed by the Secretary. Ballots must be returned by the fifteenth
(15) day of January of each even numbered year. The Secretary and an additional
board member will certify the vote and notify the newly elected officials by any
necessary means of their election to the Executive Board within seven (7) days of the
ballots being returned.

The following provisions for office eligibility are as follows:

President: Sworn Employee below the rank of sergeant.

Vice-President: Sworn Employee sergeant and below.

Secretary: Sworn Employee.

Treasurer: Sworn Employee.

Public Information Officer: Sworn Employee.

Civilian Representative: Two Non-Sworn positions.

Once the new Executive Board takes office each member will be provided a flash drive
containing the necessary and current SPEA documents and reading material. The flash
drive shall be returned in the event the Board Member is removed from the board or
their term in office expires.

Section 10: Removal from the Board - Any officer shall be subject to removal at any time by an
affirmative vote of the majority of the active members responding at a quarterly
meeting. Votes may be handwritten and delivered to the Secretary at the quarterly
meeting by those members unable to attend the meeting and members voting by written
means shall sign their name to the petition for removal.

Any request to remove an officer of the board shall be submitted in writing to the
organization at its regularly scheduled quarterly membership meeting. A copy of such
document shall be mailed or hand delivered to the accused board member. In the event
the alleged misconduct of the board member is of such a serious nature that exigent
circumstances exist, as determined by the board, and require immediate action, an
emergency meeting may be called by the President or any 2 members of the board. The
board may suspend the accused board member pending the outcome of the disposition
of the charges.

Section 10: Should a discrepancy exits regarding any interpretation of these bylaws the Executive
Board shall be the sole interpreter of the matter and has the sole authority to implement
changes based on said interpretations.

ARTICLE VII
PRESIDENT

Section 1: The President shall be the Chief Executive Officer and chief spokesperson for the
Association and shall exercise general supervision over its property and affairs. He/She
shall sign all legal documents on behalf of the Association, after legal review by
counsel, and shall do and perform all acts and things which the Board may require of
him/her. He/she may appoint an alternate spokesperson as he deems appropriate. The
President shall also be the ex officio of all committees.
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Section 2: The President shall decide all questions of order or Parliamentary procedure before any
body of the Association.

ARTICLE VIII

VICE-PRESIDENT

Section 1: In the event of the President's absence from the state or inability to act, or at the request
of the President, the Vice-President shall have the powers of the President. He/She
shall perform such duties as the Executive Board may impose upon him/her. He/She
will also chair all motions relating directly to or referring to the President, either
complimentary or in condemnation of the President, and shall put all such motions to a
vote.

ARTICLE IX

SECRETARY

Section 1: The Secretary shall keep the minutes of the Association's membership and Board
meetings. He/She shall keep such books and records as the Bylaws or any resolution
that the Board may require him to keep. The Secretary, or President in the Secretary's
absence, may appoint an assistant. Such assistant secretary, in the event of the
Secretary's absence or inability to act, shall perform the duties and functions of the
Secretary. The Secretary shall maintain a current membership list and advise on the
status of members and membership applications. The Secretary shall review any Bylaw
changes that are brought before the Association at any membership or Board meeting.

ARTICLE X

TREASURER

Section 1: The Treasurer shall have custody and control of all the funds of the Association, subject
to the action of the Board, and shall report in writing the state of the finances of the
Association at each quarterly meeting of the Board. He/She shall perform any other
services that the Board requires of him. The Treasurer shall be primary fiduciary of the
funds, maintain oversight of expenditures, reconcile bank statements monthly, and
coordinate any audit or financial review.

The Treasurer shall be responsible for coordinating with the Secretary all applications
for admission into the Association and ensuring that all new members are added to the
roster of organizations to which the Association is affiliated to ensure continuous legal
benefit.

ARTICLE XI

PUBLIC INFORMATION OFFICER

Section 1: The Public Information Officer shall disseminate information to its members and the
public regarding legislation, elected officials and issues that affect the interests and
welfare of its members, the law enforcement profession, and the public. The Public

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 Information Officer shall be responsible for keeping all information regarding the
Association current as it pertains to the public and the membership.

Section 2: The Public Information Officer will be responsible for maintaining a current Newsletter
to be furnished to the membership and membership eligible employees no later than on
a bi-monthly schedule.

Section 3: The Public Information Officer shall be the Chief Administrator of all websites owned
and/or operated by the Association and will be charged with ensuring all content posted
on such websites meet the standard of professionalism envisioned by the Association.

ARTICLE XII

CIVILIAN REPRESENTATIVES

Section 1: Two positions from the non-sworn employees. The Civilian Representative is the voice
of the non-sworn element of the Association and shall have all voting rights and
responsibilities, and be subject to the same rules of procedure and conduct, applicable
to all other members of the sitting board.

ARTICLE XII

SERGEANT AT ARMS

Section 1: The Sergeant at Arms will be an appointed position and may be any sworn active
member of the association in good standing. The Sergeant at Arms will be appointed
by a majority vote of each newly elected board. Should the position become vacant at
any point the position will be filled by a majority vote of the Executive Board.

Section 2: The Sergeant at Arms will be the first point of contact for any member involved in an
internal investigation. The Sergeant at Arms will be responsible for keeping the
Executive Board apprised of all active investigations involving members of the
Association. The Sworn Member appointed to this position should be versed in
departmental policy, city policy, and state and federal employment guidelines.

ARTICLE XIV

COMMITTEES

Section 1: Except as otherwise designated in these Bylaws, the President shall appoint or remove
all chairpersons of committees. The president shall be ex officio of every standing
committee.

Section 2: Committee members shall be responsible for relating all information to the Executive
Board and the membership at each meeting regarding changes to all matters which
apply to the committee.

ARTICLE XV

AMENDMENTS

Section 1: These Bylaws may be altered, amended or repealed by a majority vote of members
present and voting at a membership meeting. Notification to the membership will be
made by mail or electronic means or posting at least one (1) month in advance of the
membership meeting

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Section 2: The Executive Board may also propose changes or additions to these Bylaws by a
majority vote. The Board must then notify the membership in writing prior to a
membership meeting of said proposed changes or additions. A majority vote at said
membership meeting shall be needed to approve any changes or additions. The
Executive Board shall have the authority to implement immediate changes to these
Bylaws for the betterment of the Association; should the membership reject the changes
at the subsequent meeting by a majority vote, said vote will not be retroactive and the
matter will be considered set aside.

Section 3: Any Active member may propose changes, additions or deletions to these Bylaws. Any
such change, addition or deletion shall be submitted, in writing, to the Secretary for
Board review and presentation to the membership for approval in accordance with the
strictures of Section 1 of this Article.

ARTICLE XVI

CONFLICT OF INTEREST

Section 1: A conflict of interest shall exist when an officer, member, employee, and/or agent of
the Association cannot act in his/her/its best interests due to association with any
person, organization, business, and/or legal entity. Conflict of interest shall render the
officer, member, employee, and/or agent unable to act on behalf of the Association as it
relates to dealings with the other person, organization, business, and/or legal entity.

Section 2: When any officer, member, employee, and/or agent of the Association believes a
conflict of interest may exist, he/she shall immediately cease acting on behalf of the
Association as it relates to the potential conflict and notify the Board of Directors in
writing. The Board of Directors may or may not, in its discretion, seek an opinion from
its legal advisor; the opinion shall be in writing and advisory only to the Executive
Board.

Section 3: This article shall control and supersede all other articles relating to powers and
authority of officers, members, employees, and/or agents of the Association.

ARTICLE XVII

SOLICITATIONS

Section 1: The Surprise Police Employees Association will not engage in telephone solicitations
of any kind for fund raising purposes.

ARTICLE XVIII

MISCONDUCT, MALFEASANCE,
MISFEASANCE, OR NONFEASANCE BY ANY MEMBER

Section 1: The following shall constitute Misconduct:

A. Refusal or intentional failure to comply with or abide by the

provisions of the Bylaws or official decision of the Executive Board.

B. Committing any act of fraud, embezzlement or misappropriation of

any funds of property or other thing of value belonging to the
Association, or refusing or intentionally failing to comply with the
provisions of the Bylaws which require full and accurate accounting

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 of all funds, property, books and records for examination, audit or
financial review.

C. Filing false charges against any officer, member, representative,

consultant, agent or employee of the Association, provided, however,
that it is understood that for the purposes of this provision false
charges are not merely charges of which a person is acquitted, but
rather charges which are filed recklessly or in bad faith without
substance, foundation, or reasonable basis of support.

D. Committing any physical assault upon any officer, member,

representative, consultant, agent or employee of the Association
while such person is engaged in the performance of his duties for the
Association.

Section 2: The following shall constitute Malfeasance:

A. Any wrongdoing or misconduct by an official or representative of the

Association in the performance of his duties

Section 3: The following shall constitute Misfeasance:

A. The performance of a lawful action in an illegal or improper manner

by an official or representative of the Association in connection with
is official duties.

Section 4: The following shall constitute Nonfeasance:

A. The intentional or willful failure to act by an official or representative

of the Association in connection with his official duties or as directed
by the Executive Board.

Section 5: Who may prefer charges?

A. Any member in good standing may prefer charges under the

provisions of this article.

Section 6: Who may be charged?

A. Any member of the Association may be charged with misconduct.

B. Any official or representative of the Association may be charged with

malfeasance, misfeasance or nonfeasance.

Section 7: Proper form and filing of charges:

A. To be properly filed, charges must be filed in writing and signed by

the charging member/s. The charging document must specifically
state the act/s alleged to constitute a violation of this section. Also, it
must specifically identify by article and section number, the
provisions of the Bylaws which are alleged to have been violated.

B. In the event an alleged violation involves established policies,

decisions or governing principles of the Association which are not set
forth in the By-laws, the charging document shall so state.

Section 8: Response to Charges:

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 A. The accused shall have thirty (30) days from the postmarked date of
the certified letter containing the charging document to respond to the
charges. The response must be filed in writing and delivered to the
Trial Board by certified mail or hand carried. If the accused fails to
respond, the charges shall stand as filed.

B. The accused may deny the allegation/s, in which case a Trial Board
shall convene no sooner than thirty (30) days and no later than forty-
five (45) days from the postmarked date of the certified letter or date
of delivery. If more than one person is charged, the Trial Board may
hear the matter in a single session.

Section 9: Trial Boards:

A. The Trial Board shall be seven (7) members, selected by lottery,

excluding any Board Member or member who is an accused.

B. The Trial Board shall hear all evidence and arguments presented at
the hearing. The Trial Board shall conclude the trial as soon as
practical then assemble in private for consideration of its findings and
penalties, if any.

C. In the event the accused files a letter of admission, the Trial Board
shall consider the case as submitted and thereafter render a decision
as to the penalty, if any, to be imposed.

D. The decision of the Trial Board shall be by majority vote of its

members, shall be reduced to writing, and shall contain a statement of
the pertinent facts involved, the charging document, and state a
penalty to be imposed, if any.

E. Prescribed penalties shall be either a reprimand, suspension from

office, removal from office, suspension from membership, or
expulsion from the Association.

F. The decision of the Trial Board is final.

Section 10: Recall of Officers:

A. Any elected or appointed officer shall be subject to recall from office at any
time by a majority vote of the membership.
B. Any active member may submit a request for a recall petition to the secretary.
The request must state the name of the officer to be recalled. The secretary
will notify the affected officer within forty-eight (48) hours of the receipt of
the request. In the event that the secretary is the affected officer, the vice
president shall perform all duties of the secretary under this section.
C. The recall petition shall state its purpose and require the member's signature,
printed name, and serial number. In order to hold a recall election, the member
seeking to recall the officer must submit signatures from at least one-third
(1/3) of the active membership obtained within (90) days of the receipt of the
petition. The secretary shall verify the validity of the signatures within five (5)
days of receipt of the petitions.
D. The secretary shall notify the requesting member whether the petitions have
the required number of valid signatures. In the event that the petitions fail to
meet that requirement, the requesting member shall have that time remaining,
before the expiration of the ninety (90) days, to submit further petitions.

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 E. If the required number of valid signatures is received by the secretary, a recall
election shall be held within forty-five (45) days from the date of validation of
the petitions.
F. The Secretary will oversee all aspects of the recall election. The recall
election will be a simple up or down vote in support or opposition of the recall
motion. Ballots will be distributed via electronic means to the membership
and must be returned within 10 days of the of the announcement of the recall
election.

G. The association will announce the results to the membership. If the

affected officer has been removed by a majority vote of the
membership, the vacated position will be filled by the procedures
outlined in Article V.

FAIR REPRESENTATION AND LEGAL POLICY

To meet its duty of fair representation, the Surprise Police Employees Association (SPEA) Executive Board has
adopted the following policy. As the duly elected and exclusive Meet and Confer agent for City of Surprise Police
Employees, SPEA has the responsibility of representing all unit members in employment matters. All unit members have
the right to use legitimate grievance procedures when other avenues of redress have failed. It is SPEA’s charge to stand
behind unit members to ensure they get fair representation. In that sense, where a conflict arises between a member’s
respective interests, the board will, in good faith, determine whether representation is appropriate by weighing the
member's interests against those of the membership. A substantial amount of SPEA’s dues goes toward legal costs and
grievance representation. The Law Offices of Judith Abramsohn handles SPEA’s organizational and group legal work, and
is expert in representing police personnel in labor issues, disciplinary cases, grievances, and personal matters. These
services are a benefit of SPEA membership and not available to all unit members. Should a non-dues-paying member of
the Department request representation, the fee shall be $100.00 per hour for employee representation and the full legal rate
for attorney services.

TRUTHFULNESS

Complete and candid disclosure of all facts relating to any matter being grieved or appealed on a member's behalf
by SPEA is absolute. The failure to be completely truthful or the discovery of a member's untruthfulness to SPEA
representatives, officers, or agents will be sufficient cause to immediately cease SPEA 's involvement in representation.
The member's grievance or appeal will be deemed not to have merit and further involvement in the matter by SPEA shall
end. If a question of truthfulness arises, an Executive Board meeting shall be called to determine continued representation.

NON-MEMBERS

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 Unit members who are not dues-paying SPEA members will not be entitled to free legal representation. Supplies,
copying and incidental expenses of representation are benefits of membership in SPEA. Unit members who are not dues-
paying SPEA members will be required to pay these expenses.

TIME LIMITS
It shall be the member's responsibility to adhere to all time limits imposed under any grievance or appeal
procedure.

NOTIFICATION PROCEDURE

Any member who desires grievance or legal assistance from SPEA shall always notify a SPEA representative. The
SPEA representative will assist the member in obtaining the necessary services. Unit Members may not contact the
Association's attorneys without prior authorization from the SPEA President, unless the member sought an appointment or
consultation to discuss a personal matter that is a membership benefit under SPEA 's Legal Plan.

CONTINUATION OF DUES
SPEA members who have obtained authorized representation for a grievance, appeal, or other legal action shall
keep their membership dues current. Failure to keep dues current will result in discontinuation of legal representation.

GRIEVANCES

A grievance is a complaint by an employee concerning interpretation or application of rules and regulations

governing personnel practices, departmental work rules, working conditions (including the SPEA Joint Recommendation),
or alleged improper treatment of an employee, in which the complaint has not been resolved satisfactorily in an informal
manner between the employee and his/her immediate supervisor. SPEA is obligated to represent all unit members in
grievances arising out of the SPEA Agreement. If, in the opinion of the SPEA Executive Board, a grievance has merit and
seeks a proper remedy, SPEA shall undertake representation of a unit member who requests assistance. The SPEA
Executive Board shall have the sole discretion to approve costs for any grievance. Through SPEA's Legal Plan, SPEA
members may have legal representation for these matters when approved by the SPEA Executive Board. SPEA is not
obligated to represent non-SPEA members with grievances or matters not covered under the enforcement of the existing
SPEA Agreement or the Meet and Confer Ordinance.

CIVIL SERVICE CASES

When a SPEA member receives a suspension, demotion or dismissal, SPEA will furnish an attorney, upon the
member's request subject to the conditions below:

1. To protect the member's rights prior to any formal charges and to make course of action
recommendations.
2. To appeal disciplinary action to the City of Surprise City Manager upon the approval of the SPEA
Executive Board.

a. During urgent circumstances, the President may approve conditional representation subject final
authorization by the SPEA Executive Board.
b. The SPEA Executive Board will examine the member's prior service record, his/her culpability,
actions and/or inactions, potential for performance improvement or rehabilitation, the member's
candor and truthfulness with the committee or other SPEA representatives, the accuracy of the
investigation and Separation Notice, comparisons of similar cases, and the excessiveness of the
discipline to determine whether a conflict arises between a member’s respective interests and those
of the membership as a whole. The Board may hear from any source it deems appropriate. If there is
any doubt in the mind of the board as to whether or not to underwrite the legal representation of a
member, the doubt shall go in favor of the member.
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 c. If the SPEA Executive Board denies representation, the appellant will immediately be
advised of the reason/s for the denial. If the appellant desires, he/she will receive assistance in
filing a letter of appeal with the City Manager.
d. In cases involving suspensions of forty (40) hours or less, or at the discretion of the SPEA Executive
Board, a member may be represented before the City Manager by a SPEA lay-representative who
will receive assistance from the SPEA attorney.
e. It is the member's responsibility to comply with all appeal time limits imposed under the City of
Surprise Personnel Rules. In order to allow adequate notice to convene the Representation
Committee, the Association shall not be obligated to represent a member who does not notify SPEA
within four (4) days after receipt of the Separation Notice.
f. An individual is entitled to SPEA representation for Civil Service matters only if he/she was a
dues-paying member throughout the time period of the incident and subsequent
administrative investigation and if he/she is a member in good standing at the time the Discipline
Notice is issued.
3. The appeal of Civil Service cases to State or Federal Court, or representation before Arizona Peace
Officers Standards and Training Board (AzPOST) is subject to approval by the SPEA
Executive Board.

CIVIL LITIGATION AGAINST MEMBER

1. SPEA, through the Legal Defense Fund, will furnish an attorney upon request of the affected SPEA member:

a. if the civil litigation (state or federal) arises out of the official performance of the member's duties as
a law enforcement officer, and
b. the public employer refuses to represent the member.

2. Refusal by the public employer to represent a member will include situations where there is incompetent
representation or a conflict of interest exists in the opinion of the SPEA Executive Board.

3. Questions as to whether the member's conduct arose out of official performance of his duties will be determined
by the Executive Board of the Legal Defense Fund.

4. SPEA Executive Board members and agents will be provided legal representation for action stemming from the
course of their SPEA duties. The issue of agency shall be determined by the SPEA Executive Board.

5. Unit members who are not dues paying members of SPEA are not entitled to any representation under this
section.

AFFIRMATIVE CIVIL LITIGATION

SPEA may, with the approval of the SPEA Executive Board, furnish an attorney to a SPEA member to file civil
suits (Equal Employment Opportunity - EEO - complaints, Civil Rights complaints, etc.), including declaratory actions, (to
obtain court interpretation of prevailing statutes or contract rights), where the outcome potentially would benefit the
membership. When appropriate, the SPEA Executive Board may support a member in a "class action" type lawsuit
provided that the issue affects the SPEA membership as a whole. Damages awarded by a judgment shall go to the
individual members as appropriate. Attorney's fees, when awarded, shall go to the SPEA's legal counsel. Costs awarded in
an action shall go to reimburse SPEA.

Unit members who are not dues paying members of SPEA are not entitled to any representation under this
section.

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 CRIMINAL LITIGATION/INVESTIGATIONS

Non-Course and Scope of Employment:

SPEA may furnish a legal consultation during the preliminary criminal investigation of a SPEA member with the
approval of the SPEA Executive Board. SPEA is not obligated to represent SPEA members in criminal matters not within
the course and scope of employment.

Unit members who are not dues paying members of SPEA are not entitled to any representation under this
section.

Course and Scope of Employment (Legal Defense Fund):

Eligibility – Any “Full” or “Associate Member” in good standing may request representation through the LDF.

Unit members who are not dues paying members of SPEA are not entitled to any representation under this
section.

As long as SPEA is a member of the Legal Defense Fund, SPEA members will be entitled to those benefits
described in Plan II of the Plan Document. Retired members are not eligible for LDF benefits. Association Members
involved in “scope of employment” incidents may request legal assistance through the Legal Defense Fund (Benefit Plan
II). SPEA will process request for the LDF subject to the following conditions:

1. If possible, requests for representation will be made through a SPEA representative.

2. Eligibility for the LDF coverage terminates when a member severs membership with SPEA or retires.
Retired members shall be entitled to benefits in accordance with the plan for any act or omission while he
or she was a participant, if, subsequent to the act or omission, he or she retires.
3. Provisions and terms of the LDF will be interpreted pursuant to the plan manual in effect at the time of
the qualifying event.
4. The plan deductible, if required, will be paid by SPEA for each qualifying event. A current list of the
authorized Plan Panel Attorneys will be maintained by SPEA Executive Board.

ADDITIONAL COVERAGE
Any additional legal coverage may be provided by SPEA as determined by the Executive Board, or, when an
emergency exists, by the President, after consultation with the SPEA 's legal advisor.

EXCEPTIONS

Where extraordinary circumstances warrant, the SPEA Executive Board may approve exceptions to any portion of
this legal policy on a case-by-case, non-precedent-setting basis.

POLICY DISTRIBUTION

This policy shall be made available to all unit members and every new unit member.

SPEA LEGAL BENEFITS

BENEFIT PROVIDED BY
Judith Abramsohn
PROVIDED BY
PORAC-LDF

Disciplinary hearings before the Civil Service Board, administrative representation including grievances and special actions
to Superior Court and higher courts. Experienced practitioners before the Civil Service Board, and has successfully taken

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many cases on appeal to the Superior Court. Criminal defense for matters occurring within the scope of employment.
Initial advice and consultation at scene of incident. Unlimited coverage of all expenses. Response to critical incidents
Assistance to members with critical incidents and responds to critical incident scenes when necessary. Civil defense for
matters occurring within the scope of employment. Experienced representation of police supervisors for duty related
matters. Unlimited coverage of all expenses (whether member is represented by the City or not). Consultation with
attorney Free consultations to members and family on any matter. Personal Injury recovery (on or off duty). Fee of 25% or
less and in some instances no fee. Political and legislative action. Available to assist at city council and state Legislature.
Assistance developing political action plans. Peace Officers Research Association of California (provider of the LDF) is
available for assistance. Class action claims (e.g. FLSA wage and hour claims) Settled such matters as paid lunch
periods and overtime. Peace Officers Research Association of California (provider of the LDF) is available for assistance.
Other Legal Services Referrals to specialists in fields not covered by this policy. The LDF assists in locating attorneys to
provide additional services to members. Discounted services for wills, trusts and probate. Complete estate planning not
just a form will or pre-written instrument. Free probate of officer's estate in line-of-duty death. Reduced hourly fees for
other services not covered under this benefit. Reduced hourly fees for matters not covered by this plan.

Date Adopted: April 8, 2010

Tim Murel, President ______
Severin Hall, Vice-President ______
Ian Murton, Secretary ______
Steve Kerr, Treasurer_____________________________________
Jesus Galaz, Public Information Officer____________________________
Teresa Gallegos, Civilian Representative
Cheryl Vendt, Civilian Representative

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